Family Law Law in Context Series

Law In Context: Children's Rights and the Developing Law, 3rd Edition

By Jane Fortin
Cambridge University Press August 2009

Specifications

ISBN-13
9780521698016
Publisher
Cambridge University Press
Publication
August 2009
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its 3rd edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children’s interests, using current research on children’s needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children’s rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.

• Assesses current research on children’s needs and measures the effectiveness of law and policy against that research, allowing readers from a variety of disciplines to update themselves on a broad range of important research projects relevant to the field of childhood • Critically assesses relevant laws and policies, provoking a reappraisal of preconceptions about the law’s place in family life • Self-contained bibliographies at the end of each chapter give suggestions for further research

Table of Contents

Contents:
Part I. Theoretical Perspectives and International Sources:
1. Theoretical perspectives;
2. International children’s rights; Part II. Promoting Consultation and Decision-Making:
3. Adolescent autonomy and parents;
4. Leaving home, rights to support and emancipation;
5. Adolescent decision-making and health care;
6. Promoting consultation and decision-making in schools;
7. Children’s involvement in family proceedings – rights to representation;
8. Children in court – their welfare, wishes and feelings; Part III. Children’s Rights and Parents’ Powers:
9. Children’s rights versus family privacy – physical punishment and financial support;
10. Parents’ decisions and children’s health rights;
11. Educational rights for children in minority groups;
12. Educational rights for children with disabilities;
13. Children’s right to know their parents – the significance of the blood tie;
14. Children’s right to know and be brought up by their parents;
15. An abused child’s right to state protection;
16. Right to protection in state care and to state accountability;
17. The right of abused children to protection by the criminal law;
18. Protecting the rights of young offenders;
19. Conclusion – themes and the way ahead; Appendix I: UN Convention on the Rights of the Child; Appendix II: Human Rights Act 1998.
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